Agricultural lands, which ones can be sold and which ones cannot? - Strong criteria for buyers, residency in Albania and 3 years of business in agriculture
Foreigners will have the right to purchase agricultural lands in Albania, both those considered state land, and those held with ownership documentation by Albanian citizens.
But which ones can be sold and which ones cannot? According to the draft law submitted for public consultation, the alienation of agricultural land in favor of foreign natural and legal persons is prohibited when the agricultural land is the subject of files for the restitution and compensation of former owners, according to the legislation in force on the restitution and compensation of property; is the subject of strategic projects or investments, according to the legislation in force on strategic investments; is located in areas of military character or of special importance for national security; is located in areas containing museum, archaeological or historical values, as well as in national parks, nature reserves or protected areas of flora and fauna.
The transfer of ownership of state and private agricultural land is made only for land registered according to the legislation in force for the registration of immovable property. In the case of the sale and purchase of undivided agricultural land in state ownership, the municipalities in whose jurisdiction the land is located have the competence to carry out the procedures, but the final decision on the transfer of ownership is made by the competent authority.
Foreign natural and legal persons requesting the transfer of ownership of state-owned agricultural land shall submit the request to the competent authority, together with the necessary documentation, including the land use plan. The competent authority shall verify the documentation and shall have the right to request additional documents after reviewing the request.
However, according to the draft law, not every foreigner will have the right to purchase agricultural land, as there are restrictions. Specifically, according to Article 6, foreign natural and legal persons have the right to acquire ownership of agricultural land only if they meet certain criteria. To be permanent residents in the Republic of Albania for a period of no less than 5 years; to intend to use agricultural land only for agricultural and livestock activities; to be provided with a residence permit by the competent authority, according to the legislation in force; to respect the limitation of the surface area of agricultural land that can be owned, according to the definitions of this law; to have developed agricultural or agribusiness activities in the Republic of Albania, documented for at least 3 years; to have education or professional experience in the field of agriculture; to exercise the activity through a commercial company registered in the Republic of Albania, where the foreign person is the owner or co-owner, as well as to guarantee that the use of agricultural land does not violate the public interest, the environment and the interests of the local community.
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